Terms of Use Agreement sets forth the standards of use for Imgoingreen.com, Inc™ (here and after Imgoingreen.com™) Online Service. By using the Imgoingreen.com™ Website the User agrees to these terms and conditions. If you do not agree to the terms and conditions of this agreement, please cease all usage of this Website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at the Imgoingreen.com™ Website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
1. Description of Service
Imgoingreen.com™ is an internet green portal providing Members with easy access to popular websites with a more holistic point of view. Green ideas, information and merchandise are made available by display ads using our Direct-Multi-Link patent pending technology. These display ads called web–ins™ are smaller versions of original websites. web–ins™ contain multiple active links that take you directly to a specific page in a website surpassing directional links.
2. Disclaimer of Warranties
The site is provided by Imgoingreen.com™ on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Imgoingreen.com™ makes no representations or warranties of any kind, express or implied, regarding the use or the results of this Website in terms of its correctness, accuracy, reliability, or otherwise. Imgoingreen.com™ shall have no liability for any interruptions in the use of this Website. Imgoingreen.com™ disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.
3. Limitation of Liability
Imgoingreen.com™ SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, IN PARTICULAR, Imgoingreen.com™ SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEBSITE OR THE INFORMATION CONTAINED WITHIN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE,TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE,
even if Imgoingreen.com™ has been advised of the possibility of such damages. some jurisdictions do not allow for the limitation or exclusion of liability for incidental or concequential damages, therefore some of the above limitations is inapplicable.
4. Indemnification
Member agrees to indemnify and hold Imgoingreen.com™, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.
5. Modifications and Interruption to Service
Imgoingreen.com™ includes links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. The use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties’ sites.
7. Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While Imgoingreen.com™ makes every effort to ensure that the information on this Website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on these websites. Imgoingreen.com™ makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
8. Governing Jurisdiction of the Courts [Illinois]
Imgoingreen.com™ is operated and provided in the State of Illinois. As such, we are subject to the laws of the State of Illinois , and such laws will govern this Terms of Use, without giving effect to any choice of law rules, We make no representation that this Website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of Illinois.
9. Compliance with Laws
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state,national, or international law or regulation.
10. Copyright and Trademark Information
All content included or available on Imgoingreen.com™, including our Direct-Multi-Link Technology, website design, text, graphics, interfaces, and the selection and arrangements thereof is © 2009 I'm Goin'Green.com, Inc, with all rights reserved, or is the property of Imgoingreen.com™ and/or third parties protected by intellectual property rights. Any use of materials on Imgoingreen.com™, including reproduction for any purpose, modification, distribution, or replication, any form of data extraction or data mining, or any other commercial exploitation of any kind is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or any manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Imgoingreen.com™.
IGG and Imgoingreen.com™ are proprietary marks of Imgoingreen.com, Inc™. The Imgoingreen.com™ trademarks may not be used in connection with any product or service that is not provided by our Company, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Imgoingreen.com™.
All other trademarks displayed on Imgoingreen.com™ website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of these trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Imgoingreen.com™.
11. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Imgoingreen.com™ designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
By Telephone: 831-601-6977
By Email: theteam@imgoingreen.com
12. Botnets
Imgoingreen.com™ retains the right, at sole discretion, to terminate any accounts involved with botnets and related activities. If any host names are used as command and control points for botnets, Imgoingreen.com™reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
13. Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Imgoingreen.com™, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement [if applicable].